Derek McDowell (Labour)

This is an important point. It comes down to who decides which person is a legitimate asylum seeker entitled to asylum here. We contend that, after lengthy debate in both Houses, there is a complex procedure in place for deciding who is entitled to asylum here. We should not impose on carriers an obligation to make a decision, prima facie or otherwise, as to whether somebody is a genuine person entitled to asylum. Clearly, if someone arrives here from France, we would say, on the face of it, that the Dublin Convention should apply and he or she should be returned to France. Whether it does apply or whether he or she is returned is a decision that should be made by an immigration officer who has power to decide if an application is manifestly unfounded. That is the point at which a decision should be taken. It should not, under any circumstances, be taken by a carrier, whether a aeroplane or ship operator.